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Old 06-09-2010, 06:26 AM
 
Location: Lake Wylie, SC
299 posts, read 951,433 times
Reputation: 101

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Can anyone tell me... is it the responsibility of the HOA to make sure new residents have a received a copy of the Covenants and Restrictions, or is it the responsibility of the new homeowner to make sure he/she gets them? Is there a published law somewhere I can read?
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Old 06-09-2010, 06:30 AM
 
Location: East Lansing, MI
8,856 posts, read 7,982,242 times
Reputation: 3796
You should have had to sign something when you closed on your house stating that you had received a copy and agreed to the CC&Rs.
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Old 06-09-2010, 06:35 AM
 
Location: Charlotte, NC
7,041 posts, read 13,135,782 times
Reputation: 2324
Yes, you should have (at least) gotten a copy at your closing. Contact your attorney if you don't have one.
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Old 06-09-2010, 06:36 AM
 
Location: Union County
5,788 posts, read 8,439,439 times
Reputation: 4818
If you went into contract without reading the CCR you need serious help!

I don't care what law is published or not published or whatever... making the largest purchase you'll ever make without reading the laws you'll need to live by is insanely foolish.
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Old 06-09-2010, 06:39 AM
 
Location: Charlotte, NC
7,041 posts, read 13,135,782 times
Reputation: 2324
Quote:
Originally Posted by MikeyKid View Post
If you went into contract without reading the CCR you need serious help!

I don't care what law is published or not published or whatever... making the largest purchase you'll ever make without reading the laws you'll need to live by is insanely foolish.
Sometimes, you don't know that they exist. Sometimes, they don't tell you and you find out later! (that is what happened to me)
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Old 06-09-2010, 06:39 AM
 
Location: Lake Wylie, SC
299 posts, read 951,433 times
Reputation: 101
I didn't say I entered into a contract without getting the CCRs. I am just wondering what the law is. Answers like that make me sorry I asked here.
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Old 06-09-2010, 06:43 AM
 
Location: Union County
5,788 posts, read 8,439,439 times
Reputation: 4818
Quote:
Originally Posted by SilverSagess View Post
I didn't say I entered into a contract without getting the CCRs. I am just wondering what the law is. Answers like that make me sorry I asked here.
Maybe help me out with some context... What does the law around it have to do with it?

Frankly we see so many people come here and complain about HoAs, the rules, etc... often we find out that they never read to CCRs before buying and moving into the home.
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Old 06-09-2010, 06:50 AM
 
Location: East Lansing, MI
8,856 posts, read 7,982,242 times
Reputation: 3796
Agreed, a little context would help. I assumed this was due to you looking to purchase a home. Is that not the case?
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Old 06-09-2010, 06:50 AM
 
Location: Lake Wylie, SC
299 posts, read 951,433 times
Reputation: 101
I sit on an HOA Board. We took control of the Board from the developer recently, and frankly, none of us knows what we're doing. The developer RUINED our HOA, racked up debts, didn't pay any of the bills, etc. We're trying to get ourselves back on track and run the HOA properly.

We have several residents who have violated the CCRs but claim they never got copies of the CCRs. I think they probably got them at closing, as they used the same closing attorney that I used and I got copies. However, I'd like to know what the law is... is it the HOAs responsibilty to make sure they have a copy? Looks to me like it is not. CCRs are on record with the State Real Estate board (or something like that) and are available upon request, but I don't see anything that states we have to make sure new owners have/have gotten a copy.

So, that is my reason for asking the question. The question is still the same, regardless of context.... what is the law on this? Whose responsibility is it?
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Old 06-09-2010, 06:55 AM
 
Location: Union County
5,788 posts, read 8,439,439 times
Reputation: 4818
Quote:
Originally Posted by SilverSagess View Post
I sit on an HOA Board. We took control of the Board from the developer recently, and frankly, none of us knows what we're doing. The developer RUINED our HOA, racked up debts, didn't pay any of the bills, etc. We're trying to get ourselves back on track and run the HOA properly.

We have several residents who have violated the CCRs but claim they never got copies of the CCRs. I think they probably got them at closing, as they used the same closing attorney that I used and I got copies. However, I'd like to know what the law is... is it the HOAs responsibilty to make sure they have a copy? Looks to me like it is not. CCRs are on record with the State Real Estate board (or something like that) and are available upon request, but I don't see anything that states we have to make sure new owners have/have gotten a copy.

So, that is my reason for asking the question. The question is still the same, regardless of context.... what is the law on this? Whose responsibility is it?
Wow - sorry for your situation, but nice to hear you're getting it straightened out... That context is huge because I know of several regulars here who have or are sitting on a HoA board.
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